SITA RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal by Sita Ram against his conviction under Section 5(1)(d) of the Prevention of Corruption Act and a sentence of three months rigorous imprisonment, for overcharging two sums of money, Rs. 7/12/- and Rs. 4.

(2.) The case of the prosecution is that there is system of transit in Rohtak municipal area and two annas is chargeable per pass. On the 2nd of September, 1953 early in the morning Hukam Singh, Harpal and Jaswant Singh brought 63 heads of cattle and Rattan Singh and Bally 33 heads at the Hissar Road Octroi Barrier of the town and they wanted to go towards the Delhi Road Octroi Barrier, and they were charged two annas per transit pass and two annas per head of cattle, i.e., they were charged Rs. 7/14/- and Rs. 4/2/- instead of annas two each. The owners of these cattle then took them to the other barrier where they came to know that they have been overcharged. One of them went to make a complaint to the Municipal Committee against the staff of the barrier. At 10. a.m. they met Ramji Das P.W. 5 and then investigation by the municipal staff started.

(3.) The case lies within a very narrow compass. It is admitted that Hukam Singh and Harpal had a number of cattle at the Hissar Road Barrier and they got a transit pass. It is also admitted that the other set, Rattan Singh and Ballu had a certain number of cattle and they also got a transit pass. The only dispute is as to what was the amount that was charged. Hukam Singh P.W. 3 and Harpal P.W. 8 state that they were charged Rs. 7/4/- and Rattan Singh P.W. 4 and Ballu Ram P.W. 9 depose that they were charged Rs. 4/2/-. The accused has denied it. There is nothing to show which is the correct version. There is the word of these four prosecution witnesses as against the word of Sita Ram accused and Surat Singh who was also tried with him but has been acquitted.